[WikiEN-l] More fair use image overreaching

[WJhonson at aol.com]

Just to address the "lawyers are not required to send a 'takedown'  notice"
 
By this I assume BC means a "cease and desist".  I believe this is de  facto 
false.  While it is true a lawyer could file a suit for anything, any  case 
being brought, without having made any preliminary action to correct the  issue, 
would be, imho, thrown out of court.
 
The first thing a judge looks at is, "have you attempted to correct this  out 
of court" ?  That is did you make any attempt to settle this without  wasting 
the court's time ?
 
Which is why documenting what you did is so important to winning your  case.  
If you did nothing, like for example, not even informing the  offending party 
that there was a correctable offense, then your case won't  win.  That's my 
opinion.
 
Many "greedy" lawyers lose greedily and their clients pay for that by  paying 
through the nose.  So no one is eager for  this.



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